Carson v. CSX Transportation, Inc.

In this wrongful death and survival action involving a train collision, Connie Carson (Appellant), as personal representative of the estate of Beryl Harvey, argues the circuit court erroneously excluded certain evidence, charged the jury, and permitted an inconsistent verdict in the survival action. We affirm the circuit court’s evidentiary determinations and jury charge, but reverse the circuit court’s decision denying Appellant’s request for a new trial nisi additur and remand the survival action for a new trial absolute.

Facts/Procedural Background

On May 30, 2004, at approximately 7:05…